Legal Question in Family Law in California

restraining order/spouse medical rights

If one spouse has a restraining order against the other but they are not divorced, does that spouse that obtained the restraining order retain their next of kin or legal rights to make medical decisions for their spouse, if the spouse is medically incapacitated? The spouse who the restraining order is against does not have an estate plan or power of attorney in place.


Asked on 6/12/09, 3:12 am

1 Answer from Attorneys
Fred Begun Law Office of Fred C. Begun

Re: restraining order/spouse medical rights

This is a very tricky question. I suggest you consult with an estate planning lawyer or a divorce lawyer in your county immediately, especially if you have health concerns.

The laws regarding medical incapacity are very specific, that is why I suggest you talk to an estate planning lawyer. They will be up on the rules regarding Mecial Powers of Attorney, DNR and other forms. I am a divorce lawyer and do not know those technicalities.

Relative to the divorce and restraining order aspects, the first question is whether someone has failed for a divorce, if so, those rights begin to step apart. Until the divorce is final, there will always be a question.

You should act on these issues immediately.

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Answered on 6/15/09, 1:28 pm


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